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2022 Supreme(Raj) 2704
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Ummeda Ram – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 13159 of 2022
Decided On : 09-12-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT : S.15, S.8
Headnote
Bail - NDPS Act - The court granted bail to the accused-petitioner under Section 439 Cr.P.C. considering the recovered contraband to be below commercial quantity and the expected lengthy trial.
Fact of the Case:
The petitioner was arrested for an offence under Section 8/15 of the NDPS Act. The recovered contraband was below commercial quantity, and the trial was expected to take a long time.
Finding of the Court:
The court, without commenting on the merits of the case, deemed it just and proper to release the petitioner on bail.
Issues: Bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the recovered contraband to be below commercial quantity and the expected lengthy trial as grounds for granting bail.
Final Decision: The bail application under Section 439 Cr.P.C. was allowed, and the accused-petitioner was ordered to be enlarged on bail upon furnishing a personal bond and sureties.
H.S. Shrimali, Advocate, Shrawan Bishnoi, Advocate
JUDGMENT
Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.198/2022 Police Station Kolayat, District Bikaner for the offence punishable under Section 8/15 of the NDPS Act.
2. Learned counsel for the petitioner submits that recovered contraband is below commercial quantity. Challan of the case has already been presented. The petitioner is in the judicial custody and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. I have considered the arguments advanced before me and gone through the material available on record.
5. Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner - Ummeda Ram S/o Jetha Ram, shall be enlarged on bail in F.I.R. No.198/2022 Police Station Kolayat, District Bikaner provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
